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Patent 2472066 Summary

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Claims and Abstract availability

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(12) Patent Application: (11) CA 2472066
(54) English Title: PERSONAL CARE PRODUCT
(54) French Title: PRODUIT POUR LES SOINS PERSONNELS
Status: Deemed Abandoned and Beyond the Period of Reinstatement - Pending Response to Notice of Disregarded Communication
Bibliographic Data
(51) International Patent Classification (IPC):
  • A45D 40/00 (2006.01)
  • A45D 40/26 (2006.01)
  • B29C 39/02 (2006.01)
(72) Inventors :
  • ELLIOTT, DAVID L. (United States of America)
  • GERSTEN, IRIS DAVIS (United States of America)
  • VAN DER LEE, HERMES (United States of America)
  • SOLAN, JAMES L. (United States of America)
  • GUAY, GORDON G. (United States of America)
(73) Owners :
  • THE DIAL CORPORATION
(71) Applicants :
  • THE DIAL CORPORATION (United States of America)
(74) Agent: MACRAE & CO.
(74) Associate agent:
(45) Issued:
(86) PCT Filing Date: 2003-01-17
(87) Open to Public Inspection: 2003-08-07
Examination requested: 2004-07-12
Availability of licence: N/A
Dedicated to the Public: N/A
(25) Language of filing: English

Patent Cooperation Treaty (PCT): Yes
(86) PCT Filing Number: PCT/US2003/001642
(87) International Publication Number: WO 2003063641
(85) National Entry: 2004-07-12

(30) Application Priority Data:
Application No. Country/Territory Date
10/059,467 (United States of America) 2002-01-29

Abstracts

English Abstract


A product for application to skin includes a container having an open end, a
non-flowable composition within the container including an application surface
at the open end having a visual pattern, and a removable cap having a %
opacity of less than 5%.


French Abstract

L'invention concerne un produit applicateur pour la peau qui comprend un contenant, lequel présente une extrémité ouverte, contient une position non coulante et est pourvu, à son extrémité ouverte, d'une surface d'application présentant un motif visuel, ainsi qu'un capuchon amovible présentant un pourcentage d'opacité inférieur à 5.

Claims

Note: Claims are shown in the official language in which they were submitted.


-6-
CLAIMS
1. An antiperspirant or deodorant product, comprising a container having an
open end; a non-flowable cosmetic composition comprising an antiperspirant
and/or
deodorant active within the container and having an application surface at the
open end,
the application surface comprising at least two portions having different
colors, thereby
providing a visual pattern; a removable undercap covering the application
surface,
wherein the undercap has a % opacity of less than 15% or wherein the undercap
has an
outer surface comprising a visual pattern; and a removable cap having a %
opacity of less
than 5% that encloses the open end of the container and the undercap.
2. The product of claim 1, wherein the undercap has a % opacity of less than
10%.
3. The product of claim 1 wherein the undercap has an outer surface with the
same visual pattern as the application surface.
4. The product of claim 2 or 3, wherein the visual pattern of the application
surface comprises a stripe.
5. The product of claim 4, wherein the stripe extends centrally lengthwise
across the application surface.
6. The product of claim 2 or 3, wherein approximately half to two thirds of
the application surface is a first color and approximately one third to one
half of the
application surface is a second color.
7. The product of claim 2 or 3, wherein a central portion of the application
surface has a first color and a portion of the application surface generally
surrounding the
central portion has a second color.
8. The product of claim 1, wherein the removable cap comprises PET.
9. The product of claim 1, wherein the undercap comprises polypropylene.
10. The product of claim 2, wherein the undercap has a % opacity of less than
7%.
11. The product of claim 1, wherein the cap and the undercap combination has
a % opacity of less than 15%.
12. The product of claim 1, wherein the cap and the undercap combination has
a % opacity of less than 10%.

-7-
13. The product of claim 1, 2 or 3, wherein the removable cap has a % opacity
of less than 3.5%.

Description

Note: Descriptions are shown in the official language in which they were submitted.


CA 02472066 2004-07-12
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PERSONAL CARE PRODUCT
This invention relates to products, for example, antiperspirants and
deodorants, that are topically applied to the shin.
Antiperspirant and deodorant compositions are well known personal care
products. The compositions come in a variety of forms and may be formulated,
for
example, into aerosols, pumps, sprays, liquids, roll-ons, lotions, creams, and
sticks (both
hard and soft), etc.
There are various types of stick antiperspirant compositions. In one type,
an antiperspirant salt is suspended in an anhydrous vehicle often including a
solid water-
insoluble wax. In a second type, an antiperspirant salt is dissolved in a
liquid vehicle
such as propylene glycol and gelled with a gelling agent such as dibenzylidene
sorbitol.
A third type includes an emulsion of an aqueous phase containing the
antiperspirant salt
and an oil phase containing, for example, a volatile silicone, fragrances,
gellants, and
other additives.
Sticlc antiperspirant products include an antiperspirant composition within
a container. During use of the product, the top of the container is removed
and the
application surface of the composition is contacted with the underarm.
Sometimes the
product also includes an undercap, or factory seal, covering the application
surface that is
removed prior to first use. During use, some of the composition is transferred
to the slcin,
and the container generally also includes some mechanism for moving the
composition
upwards through the container to continue to provide an exposed application
surface.
Generally, the invention in one aspect relates to a product for application
to the skin. The product includes a container having an open end and a non-
flowable
composition within the container. The product also includes a removable cap
having a
opacity of less than 5%, preferably less than 3.5%, and more preferably less
than 2.5%,
that encloses the open end of the container and, as a result, the application
surface. The
composition has an application surface at the open end of the container. The
application
surface continuously wears away during application of the composition to the
skin. The
composition includes a cosmetic ingredient such as an antiperspirant salt,
deodorant
active ingredient, sunscreen, vitamin E, aloe, alphalrydroxy acid, fragrance
and/or a
therapeutic ingredient such as a pharmaceutically active compound (e.g., anti-
inflammatory agent, hair growth promoter or inhibitor, vitamin E, a
alphahydroxy acid,

CA 02472066 2004-07-12
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etc.). "Non-flowable", as used herein, means the composition does not flow out
of the
container when the container is inverted at room temperature. "Within the
container", as
used herein, means that at least part of the composition is within the
container.
In some embodiments, the application surface may include a visual pattern.
The pattern may be, for example, a stripe having a different color or
opaqueness than the
surrounding application surface. "Different color" as used herein, includes
different
shades of a color. White and black are considered colors.
In some embodiments the product also includes an undercap (also referred
to as a factory seal) having a % opacity of less than 15%, preferably less
than 12%, more
preferably less than 10%, and most preferably less than 7%. In some
embodiments the
cap in combination with the undercap has a % opacity of less than 15%,
preferably less
than 12%, and more preferably less than 10%.
Using a cap and, in some embodiments, an undercap, with low
opacities, with a product including a visible pattern has the benefit of
allowing a user to
observe the pattern without removing the cap and (in some embodiments) the
undercap.
In addition, where the visible pattern functions as a usage indicator as
described in
U.S.S.N. 09/859,073, filed May 16, 2001, the cap allows observation of the
usage
indicator. The aforementioned application is owned by the same owner as the
present
application and its disclosure, in particular its disclosure of usage
indicators, is hereby
incorporated by reference.
In another aspect of the invention, the product includes an undercap having
a visible pattern on its outer surface. The application surface of the
composition may
include the same or different pattern, or may include no pattern.
In another aspect of the invention, the product includes an undercap having
a % opacity of less than 30%, preferably less than 20%, more preferably less
than 15%,
and most preferably less than 10%. The product may also include a removable
cap.
In another aspect of the invention, the product includes a cap that in
combination with the undercap has a % opacity of less than 30%, preferably
less than
20%, more preferably less than 15%, and most preferably less than 10%.
To assess the degree of clarity of a cap or undercap, the BYK Gardner
Color-Guide 45/0 (Catalog #LCB-6800), a hand-held spectrophotometer, is used.
This
instrument has a standard measurement function for % Opacity. The opacity

CA 02472066 2004-07-12
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-3-
measurement uses the L*a*b* color scale and is based on readings obtained when
the
material is placed in front of a black background versus a white background.
Standard
black and wlute color sheets from BYK Gardner (Catalog #LAR-3700) were used
for the
analyses. Measurements resulting in 100% opacity (0% clarity) indicate that
there is no
difference between the material with a black or white background. Therefore,
no light
passes through the material. Measurements resulting in 0% opacity indicate
that all light
passes through a material (therefore, 100% clarity). Generally, six replicate
measurements are made; % opacity is the average of the six measurements.
Other features, objects, and advantages of the invention will be apparent
from the description of the embodiment and from the claims.
FIG. 1 is an exploded view of an antiperspirant product; and
FIG. 2 is a perspective view of an alternative undercap that can be used
with the product in Fig. 1.
Referring to Fig. l, an antiperspirant product 10 includes a container 12
and a composition within the container having a domed application surface 14
for
application to an underarm. The application surface can also be, for example,
flat.
Product 10 also includes an undercap 16 (the factory seal) having a % opacity
of less than
15% and cap 18 having a % opacity of less than 5%.
The composition includes portions 20 and 22 that together define
application surface 14. Portion 22 is in the form of a stripe centrally
running through and
dividing portion 20. Portions 20 and 22 have different compositions and
portion 22 has a
different color than portion 20. For example, portion 22 may be dark blue,
light blue,
dark green, or light green, and portion 20 may be white, or vice versa.
Because portions
20 and 22 have different colors, application surface 14 has a striped
appearance. Portion
22 has a width preferably between 0.2 inch and 0.5 inch. In product 10 portion
22 has a
width of about 0.25 inch.
Other visual pattenls are described in U.S.S.N. 09/784,488, which is
owned by the same owner as the present application and is hereby incorporated
by
reference. For example, the visual pattern can be multiple stripes, a diagonal
stripe, a
wavy stripe, or a half and-half design in which the halves of the application
surface have
different colors or opaqueness. Alternatively, the pattern may include any
number of
central portion/outer portion designs in which a centrally located portion is
surrounded by

CA 02472066 2004-07-12
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an outer portion having a different color or opaqueness.
The components used in portions 20 and 22, and how the composition can
be made, are described in U.S.S.N. 09/784,488. See also U.S.S.N. 09/784,487
and
U.S.S.N. 09/784,493 both filed February 15, 2001, both of which also are owned
by the
same owner as the present application and are hereby incorporated by
reference, for
further details of methods that can be used to manufacture compositions
including two
portions.
Container 12 can be made of polymers such as polypropylene and
polyethylene. Undercap 16 preferably is made from polypropylene and cap 18
preferably
is made from polyethylene terephthalate (PET). The cap alternatively also can
be made
from, for example, polystyrene, polycarbonate, acrylic, polypropylene, styrene
acrylonitrile, and Kraton. The tuldercap alternatively can be made from, for
example,
PET.
Refernng to Fig. 2, in an alternative embodiment, undercap 24 includes a
color stripe generally corresponding in size and color to portion (stripe) 22.
The color of
the stripe on undercap 24 may even be more vibrant than the underlying stripe
on the
application surface. The remainder of the undercap may be opaque (e.g., white)
or have a
opacity, for example, of less than 15%. Having a pattern on the undercap
generally
corresponding to the initial application surface of the underlying composition
is
advantageous in that the undercap will signal consumers that the underlying
composition
has a pattern in the initial application surface. Typically, undercap 24 is
removed prior to
first use and discarded, and thus subsequently users view an application
surface of the
composition.
An embodiment was prepared including a striped antiperspirant/deodorant
composition described in U.S.S.N. 09/784,488 (incorporated by reference
previously), a
PET cap having a thickness of about 0.025 inch obtained from the Plastelc
Group, Erie,
PA, and a polypropylene undercap having a thickness of 0.025 inch also
obtained from
the Plastelc Group. The PET cap had a % opacity of 2.10 ~ 0.10%. The
polypropylene
undercap had a % opacity of 5.66 ~ 0.13%. The cap in combination with the
undercap
(undercap placed inside cap) had a % opacity of 8 ~ 0.46%.
Caps from the following products were tested for % opacity.
1. Right Guard Xtreme Sport, Invisible Solid, Fresh Blast, and 2.8 oz.

CA 02472066 2004-07-12
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-5-
size.
2. Soft & Dri, Invisible Solid, Baby Powder, 2.6
oz. size.
3. Bac Double Action Deo-Stick, Energy, 40 ml size.
4. Lady Speed Stick, Invisible Dry, Wild Freesia,
2.3 oz. size.
5. Lady Mitchum Cool Dry, Hydro Solid, Shower Fresh,
1.5 oz. size.
6. Secret Sheer Dry, Gel Solid, Regular, 2.6 oz.
size.
7. Degree, Invisible Solid, Mountain Air, 2.6 oz.
size.
8. Suave Naturals, Invisible Solid, Aloe Vera,
2.6 oz. size.
9. Old Spice High Endurance, Deodorant Stick, Fresh,
2.25 oz. size.
Six replicate measurements were obtained. The measurements
were taken
at varying locations on the package. Standard deviations were calculated
fiom the
replicate measurements.
The average of
the results (average
% Opacity) are
shown in the
following table.
Sam le % OpacitX Standard Deviation
RG Xtreme 20.15 1.00
Soft & Dri 18.50 0.65
Bac 28.91 0.58
Lady Speed Sticlc 14.49 0.11
Lady Mitchum 6.64 0.33
Secret 19.80 0.64
Degree 7.60 0.68
Suave 8.29 0.33
Old Spice 13.26 0.47
The standard deviations are based on the six replicate readings, and are due
to minor imperfections in the packaging materials.
The PET cap used with the embodiment has the lowest %.

Representative Drawing
A single figure which represents the drawing illustrating the invention.
Administrative Status

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Event History

Description Date
Application Not Reinstated by Deadline 2010-09-20
Inactive: Dead - Final fee not paid 2010-09-20
Deemed Abandoned - Failure to Respond to Maintenance Fee Notice 2010-01-18
Deemed Abandoned - Conditions for Grant Determined Not Compliant 2009-09-21
Notice of Allowance is Issued 2009-03-19
Letter Sent 2009-03-19
Notice of Allowance is Issued 2009-03-19
Inactive: Approved for allowance (AFA) 2009-03-17
Amendment Received - Voluntary Amendment 2008-07-03
Inactive: S.30(2) Rules - Examiner requisition 2008-01-03
Amendment Received - Voluntary Amendment 2008-01-02
Letter Sent 2007-03-16
Inactive: IPC from MCD 2006-03-12
Inactive: Cover page published 2004-09-16
Letter Sent 2004-09-14
Letter Sent 2004-09-14
Inactive: Acknowledgment of national entry - RFE 2004-09-14
Application Received - PCT 2004-07-28
National Entry Requirements Determined Compliant 2004-07-12
Request for Examination Requirements Determined Compliant 2004-07-12
All Requirements for Examination Determined Compliant 2004-07-12
Application Published (Open to Public Inspection) 2003-08-07

Abandonment History

Abandonment Date Reason Reinstatement Date
2010-01-18
2009-09-21

Maintenance Fee

The last payment was received on 2009-01-19

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Owners on Record

Note: Records showing the ownership history in alphabetical order.

Current Owners on Record
THE DIAL CORPORATION
Past Owners on Record
DAVID L. ELLIOTT
GORDON G. GUAY
HERMES VAN DER LEE
IRIS DAVIS GERSTEN
JAMES L. SOLAN
Past Owners that do not appear in the "Owners on Record" listing will appear in other documentation within the application.
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Document
Description 
Date
(yyyy-mm-dd) 
Number of pages   Size of Image (KB) 
Description 2004-07-12 5 279
Representative drawing 2004-07-12 1 20
Claims 2004-07-12 2 62
Drawings 2004-07-12 2 43
Cover Page 2004-09-16 1 36
Description 2008-07-03 5 277
Claims 2008-07-03 2 63
Abstract 2004-07-12 2 66
Acknowledgement of Request for Examination 2004-09-14 1 185
Notice of National Entry 2004-09-14 1 225
Courtesy - Certificate of registration (related document(s)) 2004-09-14 1 129
Commissioner's Notice - Application Found Allowable 2009-03-19 1 163
Courtesy - Abandonment Letter (NOA) 2009-12-14 1 164
Courtesy - Abandonment Letter (Maintenance Fee) 2010-03-15 1 172
PCT 2004-07-12 12 499